Thursday, September 29, 2005

NICE, NHAI settle dispute over interchange on NH 7

NICE, NHAI settle dispute over interchange on NH 7

The Hindu

The judges in their order said: `We are happy that the parties have settled their dispute amicably.'

BANGALORE: The Karnataka High Court on Wednesday disposed of a writ appeal by Nandi Infrastructure Corridor Enterprise (NICE) after it was told that NICE and the National Highways Authority of India (NHAI) had amicably resolved a dispute over the construction of an interchange/overbridge on Bangalore-Hosur Road (National Highway 7).

A Division Bench comprising Chief Justice, Nauvdip Kumar Sodhi and Justice B. Padmaraj said in their order that "We are happy that the parties have settled their dispute amicably. When the matter came up for hearing, both sides agreed on most of the issues and the only dispute was whether NICE should construct the interchange/overbridge with two spans as it would cause dangerous blows to NHAI's proposed elevated highway".

The Bench said during the last course of hearing, it had referred the dispute to the head of the Civil Engineering Department, Indian Institute of Science (IISc.), Bangalore.

It said the report had been received and accepted by both NICE and NHAI.

Setting aside the order of a single-judge, the Bench directed that NICE would have to construct within nine months from today the interchange bridge over NH 7 at 16.345 km, being part of the interchange no. 1/7 at level 1.

Bank guarantee

NICE was asked to furnish within a week from today a bank guarantee of Rs. 2.5 crores to ensure compliance of time limit.

In case NICE failed to comply with the construction deadline, the amount would go to the NHAI. Besides, NICE would have to suspend work nine months from today to enable NHAI to construct the elevated highway at level 2 at chainage 16.345 km.

NICE could resume work from the stage where it was suspended after NHAI completed the elevated highway.

Elevated highway

On its part, NHAI was to construct the elevated highway at level 2 at chainage 16.34 km.

The Bench noted that Bangalore Mass Rapid Transist System had informed the NHAI about its proposal to construct an elevated track for the metro rail system from the Soap Factory to Peenya (km 8 to km 12) on NH-4. It said the parties had agreed that the metro system would necessitate changes in the alignment of the elevated highway to be constructed by NHAI.

The Bench said further configuration at the ground level would not be decided at this stage.

It said NHAI was agreeable to NICE constructing an interchange on NH 4, subject to any changes in view of the metro track.

It asked NICE to submit to NHAI for approval the detailed layout of interchange loops and drawings of interchanges.

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